Newly published documents detail private discussions among justices during a pivotal 2016 decision.
By yourNEWS Media Newsroom
Confidential internal documents from the Supreme Court of the United States have been made public, offering an uncommon look into how justices handled a major legal dispute involving federal environmental policy.
The leaked materials, published by The New York Times, consist of 16 pages of communications exchanged among members of the court over a five-day period in February 2016. The report, titled “The Inside Story of Five Days That Remade the Supreme Court,” details how the court responded to an emergency request related to the Clean Power Plan.
According to the report, the documents outline internal discussions led by Chief Justice John Roberts as the court moved to issue a stay blocking implementation of the policy. The decision was made without full briefing or oral argument, reflecting a process that has since become associated with the court’s expedited decision-making approach often referred to as the “shadow docket.”
The memos indicate that a majority of justices expressed concern that, if left in place, the Environmental Protection Agency’s plan could impose regulatory burdens on energy providers that they viewed as exceeding legal authority.
The release of the documents provides insight into deliberations that are typically kept confidential for decades. The Times said it verified the authenticity of the materials before publishing them in full.
The disclosure adds to a series of high-profile leaks involving the court in recent years. In 2022, a draft opinion in Dobbs v. Jackson Women’s Health Organization—which ultimately overturned Roe v. Wade—was leaked prior to the final ruling. Additional reporting in 2024 also cited internal court materials related to cases involving President Donald Trump.
In response to earlier disclosures, the court implemented new confidentiality measures in late 2024, including nondisclosure agreements for employees, in an effort to prevent further leaks.
The Supreme Court has historically maintained strict secrecy around its internal discussions to allow justices to debate freely without external pressure. The recent publication of these documents raises questions about whether those safeguards can be maintained and how future deliberations may be affected.